(a) It is unlawful for any person to solicit in a public place in a manner which recklessly interferes with vehicular or pedestrian traffic. “Solicitation in a manner which recklessly interferes with pedestrian traffic” includes but not limited to the following:
(1) Soliciting in a manner which impedes access to or from, or use of an automatic teller machine;
(2) Soliciting in any public transportation vehicle, or in a manner which impedes access to or from, or use of any bus stop;
(3) Soliciting from any operator or occupant of a moving motor vehicle;
(4) Soliciting from any person entering or exiting a motor vehicle in such a manner as to block or impede access to or from, or use of such motor vehicle;
(5) Soliciting in a manner which impedes access to or from, or use of a building fronting the right-of-way in any area designated for commerce;
(6) A. Soliciting in an area designated for commerce, in a manner calculated to frighten or to cause alarm or intimidation;
B. No person shall be cited under any provision of Ordinances 16-2002, 17-2002, or 18-2002 unless the person engages in conduct prohibited by this section after having been notified by a law enforcement officer that the conduct violates this section.
(b) Definitions. For purposes of this section the following terms shall be defined as set forth below.
(1) “Public place” means a publicly owned building and premises appurtenant thereto, any public park, sidewalk or other right of way open to the general public and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, skywalks and streets.
(2) “Solicit” means to ask for money or goods, whether by words, bodily gestures, signs or other means of communication.
(3) “Solicitor” means one who solicits as defined herein.
(4) “Area designated for commerce” means:
A. Central Business Districts, defined as those areas zoned B-3 in Chapter 1157
of the North College Hill Municipal Code.
B. Neighborhood Business Districts, defined as those areas zoned B- 1 in Chapter 1153
of the North College Hill Municipal Code.
C. Planned Business Districts, defined as those areas zoned CO-1 and CO-2.
D. Office Districts, defined as those areas zoned B-2 in Chapter 1155
of the North College Hill Municipal Code.
E. General Business Districts, defined as those areas zoned C-4.
(c) Each section and each part of each section of this section is hereby declared to be an independent section and part of a section and, notwithstanding any other evidence of legislative intent that if any section or part of a section, or any provision thereof, or the application thereof to any person or circumstances, is held to be invalid, the remaining sections or parts of sections and the application of such provision to any other person or circumstances, other than those as to which it is held invalid, shall not be affected thereby, and it is hereby declared to be the legislative intent that the provisions of this section would have been adopted independently of such section, sections or parts of a section so held invalid.
(d) Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(Ord. 15-2012. Passed 9-4-12.)